2 a disposition in a will in exercise of a power of

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(2) A disposition in a will in exercise of a power of appointment shall take effect notwithstanding the testator's subsequent marriage unless the property so appointed would in default of appointment pass to his personal representatives. (3) Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person. (4) Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that 140
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he intended that a disposition in the will should not be revoked by his marriage to that person, – (a) that disposition shall take effect notwithstanding the marriage; and (b) any other disposition in the will shall take effect also, unless it appears from the will that the testator intended the disposition to be revoked by the marriage. (5) In this section, "marriage" has the same meaning as in section 2 of the Married Persons Status Ordinance (Cap. 182). [cf. 1982 c. 53 s. 18 U.K.] Effect of dissolution or annulment of marriage 15. (1) Where, after a testator has made a will, his marriage is validly dissolved, annulled or declared void, – (a) the will shall take effect as if any appointment of the former spouse as an executor or as the executor and trustee of the will were omitted; and (b) any devise or bequest to the former spouse shall lapse, except in so far as a contrary intention appears by the will. (2) Subsection (1)(b) is without prejudice to any right of the former spouse to apply for provision for maintenance under the Matrimonial Causes Ordinance (Cap. 179). (3) Where – (a) by the terms of a will an interest in remainder is subject to a life interest; and (b) the life interest lapses by virtue of subsection (1)(b), the interest in remainder shall be treated as if it had not been subject to the life interest and, if it was contingent upon the termination of the life interest, as if it had not been so contingent. [cf. 1982 c. 53 s.18 U.K. ]". 141
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Alterations in will after execution 5. Section 16 is amended – (a) in subsection (1), by repealing "in the manner in which the will was executed in" and substituting "by the testator in a manner in which he could validly execute a will"; (b) by adding after subsection (1) – "(1A) For the purpose of subsection (1), the words or effect of a will are apparent if they can by any means be discovered.". Section added 6. The following is added after section 17 – "Evidence of execution, revocation and alteration 17A. Extrinsic evidence, including evidence of a statement made at any time by the testator, may be admitted of the manner in which a will was executed, revoked or altered.". Subsequent conveyance or other act not to prevent operation of will 7. Section 18 is amended by repealing "15" and substituting "13(1)".
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